Domestic violence results in an estimated 1,300 deaths and 2 million injuries every year in the United States. These statistics emphasize the severity of domestic violence crimes and why they carry serious penalties upon conviction.
Domestic violence charges are serious accusations that can alter the course of your life. If you are facing such charges, it is important to understand your rights and know your legal options.
The knowledgeable criminal defense lawyers at Wolf Law LLC can help you build a strong defense case, protect your rights, and work toward the best possible outcome.
What Is Domestic Violence?
Domestic violence in Colorado refers to abuse or violence between individuals who are in a close relationship. While the target majority of domestic violence is women, men can also be targets of domestic violence.
The court commonly labels a crime as domestic violence when it involves:
- Spouses
- Children
- Unmarried individuals in committed relationships
- Former romantic partners
- Parents
- Siblings
Types of Domestic Violence
Domestic violence can come in many forms, including:
- Physical abuse: Causing bodily harm or injury
- Emotional abuse: Threats, harassment, isolation, intimidation
- Sexual abuse: All non-consensual sexual activity
- Stalking: Persistent or unwanted attention or surveillance
- Technological abuse: Hacking into someone’s personal online accounts
- Financial abuse: Controlling or limiting a person’s financial resources
Understanding Colorado Domestic Violence Charges
Domestic violence in Colorado is not treated as a separate charge but rather as an enhancement added to an existing one. Understanding the different types of domestic violence charges can help you navigate the legal process if you are accused.
The following are some crimes that are commonly included in domestic violence enhancement.
Assault
In Colorado, assault is one of the most common charges that can be labeled as domestic violence.
There are three degrees of assault:
- First-degree: This type of assault is the most serious and involves intentionally causing serious bodily injury with a deadly weapon
- Second-degree: A second-degree assault charge involves intentional bodily harm or injury, also involving a weapon
- Third-degree: This charge is made when a person knowingly or recklessly causes injury without a weapon, often resulting from an argument
Harassment
Another common domestic violence charge in Colorado is harassment. This can include unwanted physical contact, taunting, verbal threats, or intimidating behavior.
Domestic violence scenarios involving harassment could involve:
- Following someone in public
- Obscene gestures
- Verbal threats of harm
- Repeated communication that causes distress (phone calls, emails, texts, etc.)
When these acts are directed at a partner, ex-partner, or family member, a person may be charged with domestic violence.
Stalking
Under Colorado’s statutes against stalking, also known as “Vonnie’s Law,” stalking is a serious charge in domestic violence cases.
Stalking occurs when someone is repeatedly followed, harassed, or threatened to the point that the person fears for his or her safety. This type of crime is often classified as a felony, resulting in jail time and fines. If a person stalks another in violation of a restraining order, the penalties are even higher.
False imprisonment
This type of crime occurs when one person unlawfully restricts another person’s freedom of movement without his or her consent.
False imprisonment could involve:
- Locking a person in a room
- Restraining a person physically
- Preventing a person from leaving a location
This charge is often a misdemeanor, but if force or threats are used in the act, the charge could be upgraded to a felony.
Criminal mischief
Criminal mischief involves destroying or damaging another person’s property with the intent to cause financial loss.
This may include actions such as:
- Damaging a vehicle
- Breaking a person’s phone
- Destroying household items
The severity of the charge will depend on the value of the property damaged.
Menacing
Colorado law defines menacing as threats or actions used to place a person in fear of imminent bodily injury. This can involve threats or actions that create credible threats to the victim’s safety.
Typically, menacing is charged as a misdemeanor, but the charge can be bumped up to a felony when a deadly weapon is involved.
Violation of a restraining order
In situations involving domestic violence, courts will often issue protection orders that prohibit the accused from contacting the alleged victim.
Violating a restraining or protection order, even unintentionally, can lead to additional criminal charges and more severe penalties.
Immediate Consequences of a Domestic Violence Arrest
Colorado has a “mandatory arrest” policy for allegations of domestic violence. This means that if police officers respond to a domestic violence call and ascertain that there is probable cause to believe domestic violence has occurred, they must arrest the suspected party. This law applies even if the alleged victim does not want to press charges.
Once you are arrested on a domestic violence charge, you may be subject to the following:
- Protection orders: The court may grant a temporary restraining order that prevents contact with the alleged victim, potentially forcing you to leave your home.
- Loss of child custody or visitation: Domestic abuse charges can affect parental rights. The court may limit or suspend child custody and visitation during a domestic violence case.
- Reputation damage: Even a false accusation of domestic violence can severely impact your personal and professional life, leading to loss of employment or the end of relationships.
- Criminal record: A domestic violence arrest or charge can lead to a criminal record, potentially impacting future housing applications, employment opportunities, and professional licenses.
Defenses to Domestic Violence Charges
Facing domestic violence charges can be daunting, but it is important to remember that you have the right to defend yourself. Keep in mind that being accused of domestic violence does not mean a conviction is inevitable.
There are ways in which a defense attorney can challenge the charges.
Self-defense
In these types of cases, one common argument is that the accused was acting in self-defense. You may have acted to protect yourself or someone else from harm.
If your attorney can show that you were acting in self-defense, or in defense of another person such as a child, the court may determine that the actions were justified.
Lack of evidence
The burden of proof is on the prosecuting to show that domestic abuse occurred beyond a reasonable doubt.
Evidence in domestic violence cases includes:
- Testimony of the alleged victim
- Witness statements
- Photos showing injuries or property damage
If the evidence against you is circumstantial or weak, your defense lawyer can argue for a dismissal of the charges.
False allegations
Sadly, it is not uncommon for individuals to make false accusations of domestic abuse out of anger, jealousy, or as part of a divorce or custody battle.
If the accusation was made against you in bad faith, your defense lawyer could work to demonstrate that the charges were fabricated and no crime occurred.
Violation of rights
Law enforcement officers are required to follow strict protocols when making arrests and collecting evidence in domestic violence cases.
Suppose a police officer failed to follow the law, such as arresting you without probable cause, failing to inform you of your rights, or conducting an illegal search. In that case, your defense attorney may seek to suppress evidence or have the domestic violence charge dismissed.
Accidental injury
In certain circumstances, injuries that lead to domestic violence charges are the result of an accident rather than an intentional act of violence.
If the lawyer for the accused can demonstrate that any injuries were caused accidentally, this may serve as a defense to the charges.
Why Legal Representation Is Important
If you have been charged with domestic violence, the most important step you can take is to consult an experienced Colorado criminal defense lawyer.
The following are some of the many ways a skilled attorney can help you avoid a domestic violence conviction:
- Evaluate the evidence: Your lawyer will evaluate all the evidence against you. This could include police reports, witness statements, and any physical evidence. Your lawyer will determine whether the charges are justified or if there are weaknesses in the prosecution’s case.
- Challenge false accusations: A false allegation can occur for a variety of reasons, such as during a contentious divorce or child custody battle. Your lawyer can work to uncover inconsistencies in the accuser’s story and present evidence to prove your innocence.
- Negotiate with the prosecution: In some situations, your lawyer may be able to negotiate a plea deal with reduced charges or penalties. This is especially a possibility if this is a first-time offense or when mitigating factors exist.
- Represent you in court: If your case goes to court, a defense attorney will represent you. Your lawyer will present evidence, cross-examine witnesses, and advocate for your legal rights.
Possible Outcomes Following a Domestic Violence Charge
If you have been accused of domestic violence, it is important to understand the potential outcomes and legal options available to you. With skilled legal representatives by your side, it’s possible to navigate the charges against you and protect your rights.
Potential outcomes following a domestic violence charge include:
- Dismissal of charges: Dismissal is the best possible outcome, preventing a criminal conviction and the potential legal consequences of going to trial. This outcome is possible if there is insufficient evidence, the alleged victim refuses to cooperate, or your rights were violated during the investigation process.
- Plea bargains: This is a common resolution in domestic violence cases and involves negotiating with the prosecutors to reduce the severity of the charges or penalties. This outcome can help you avoid harsher consequences of a domestic violence conviction such as jail time or a permanent criminal record.
- Diversion programs: First-time offenders may be eligible for diversion programs such as attending counseling, anger management, or other rehabilitation services. Upon successful completion of the program, the charges against you may be dropped or reduced.
- Trial and acquittal: If the domestic violence case proceeds to trial, your attorney will present evidence, cross-examine witnesses, and argue your case. An acquittal at trial means that you are found not guilty of the charges made against you.
- Conviction and sentencing: If you are found guilty of domestic violence, your penalties will depend on the severity of the charge, any prior convictions, and other mitigating factors. A misdemeanor domestic violence conviction could result in fines, probation, and mandatory counseling, while if a deadly weapon is involved a felony conviction could mean hefty fines, jail time, and a permanent criminal record.
Get Support From Our Colorado Domestic Violence Defense Lawyers
Domestic violence charges are serious and can impact both your professional and personal relationships. Criminal charges can result in expensive fines, the loss of employment opportunities, and even incarceration.
Our skilled criminal defense attorneys can guide you through every step of the process, defending your rights, and exploring all available legal options to achieve the best possible outcome for your case.
If you are facing domestic violence charges, contact a criminal defense lawyer today to protect your future. Contact us or call 720-479-8574 to schedule a free consultation to talk about your options.
